(1) Conduct and Statements made by any partywhile furnishing, promising, offering, accepting, a valuable consideration in compromiseor attempt to compromise a claim, may not be introduced by any party.

=Claim Must be disputed (mere offer of $ alone is not enough)

=Must have involved a quid pro quo

(prohibited) to prove or disprove:

validity, amount of damages;

nor to impeach defendant.

= Applies to criminal &/or civil

=If criminal = must've been made to atty. w/prosecuting authority.

( allowed ) to prove:

(1) Showing Witness Bias (a settled Witness may have a stake in wanting one side to win);

(2) Arguing for or against against a claim of Undue Delay or Obstruction of justice(def.put it at issue)

(3) conduct/statements were made during a civil proceeding (involving government agency) & proponent wants to introduce it in a criminal case.

=Successful plea w/judgment. (may be used in subsequent civil proceeding)

=Waiver--if D agrees to waive this provision.

PLEA DISCUSSION

(1) Attorney of prosecuting authority;

(2) D displayed actual subjective expectation of negotiation;

(3) That expectation was reasonable.

Perjury or false statement proceeding

(1) Statement made under Oath;

(2) On the Record, and

(3) w/ Counsel present.

411--LIABILITY INSURANCE [little probative value]

LIABILITY INSURANCE

Evidence that a person has or does not have liability insurance is:

(Prohibited) to prove:

= fault; negligence.

(Allowed for)

= any other purpose;

=witness bias;

= control;

= agency;

=Ownership

=subject to 403 [prejudice]

601 COMPETENCE

Every person is competent unless rules say otherwise.

*Appreciate duty/difference b/w truth & lie;

* Minimally capable of observing, recalling & communicating events.

602 Perception

A competent witness must have personal knowledge (must testify to having perceived facts they testify to), Unless Expert Witness.

605 Judge Competence

Presiding judge may not testify. (no need to reserve this error)

606 Juror

Juror may not testify as a witness during the trial. [party must object to preserve error]

*a past juror is okay, but no to attack prior conviction.

611 Mode & Order of Examinations

611--No leading questions on Direct Examination except with:

1. Hostile Witness;

2. Adverse Party;

3. Adverse Party's Witness.

611--Mode & Order of Examinations {cross}

611--Cross Examiners may use leading questionsbut Must stay within the scope of subject matter of direct examination, and matter affecting credibility.

*not if W is the atty's own client & non-hostile.

*JD may allow crosser to stray from scope but must not use leading qs then.

614. Court's Examination of Witness

614. The Court:

1. Can call on its own or Request;

2. All may cross;

3. Objections (may be contemporaneous or as soon as jury is gone.

615. Witness Exclusion
{the "rule"}

615.

The court may exclude a witness from the room on its own, but

If a Party Requests;

Court must exclude Witness from hearing other testimony,

Unless the excluded witness is:

1. A party;

2. Represetative of Entity Party;

3. EssentialPerson (expert);

4. Statute Person.

Common Objections

Asked and Answered

Non-Responsive

Leading

Argumentative

Assumes Facts not in evidence

Beyond Scope

Calls for Speculation

Harassing

et...

unfair prejudice variations of 403, 609

403--BOP is on party objecting to the evidence = "probative value of evidence is substantially outweighed by danger of prejudice."

609--Defendant + Witness + Ex-convict/crime of dishonesty+ Criminal Trial = BOP is on K to show "probative value of evidence Outweighs the prejudicial affect to that def." [less likely to come in]

609--Not the Defendant +witness + any trial= felony/dishonest = bop is on objecting party to show probative value of evidence is substantially outweighed by danger of unfair prejudice. [more likely to come in]

609--conviction over 10 years old = BOP is on proponent of evidence to show "Probative value of evidence, supported by specific circumstance, substantially outweighs prejudicial effect" + must give notice & opportunity to contest.

[less likely to come in]

612--Memory Recollection

612--Refreshing Memory

1. Memory exhausted;

2. Any Item (no admissibility required)

3. Memory must be "refreshed"

4. Opponentmust be able to review + Cross + Enter into evidence the item (even if inadmissible)

* if item is not produced = testimony may be struck & maybe even a mistrial.

*irrelevant portions may be redacted before introduction BUT must be saved for the record.